the-ordinances-of-the-legislative-counci-1890 — Page 676

640 ORDINANCE No. 5 OF 1864.


Bankruptcy and Insolvency.


deemed and taken to be of the same force and effect to all intents and
purposes as if the party to whom such summons was directed had been
personally served therewith .

Power to
examine 197. ( 198. ) Upon the appearance of any person summoned or
persons sum brought before the Court upon any warrant as aforesaid, or if any person
moned or
present at any be present at any sitting of the Court, the Court may examine every such
sitting.
person upon oath , either by word of mouth, or by interrogatories in writing ,
concerning the person, trade, dealings or estate of any bankrupt , or
concerning any act or acts of bankruptcy by any bankrupt committed :
and to reduce into writing the answers of every such person , and such

answers so reduced into writing , such person examined is hereby required
to sign and subscribe.

No adjudica 198. ( 199. ) No petition for adjudication shall be dismissed nor any
tion, &c., to be
dismissed by adjudication reversed or annulled by reason only, that the petition or
reason only
of concert. adjudication , or act of bankruptcy has been concerted or agreed upon
between the bankrupt his solicitor or agent, or any of them and any creditor
or other person .


Agent receiv 199. ( 200. ) If any accredited agent of any body corporate or public
ing notice of
act of bank company shall have had notice of any act of bankruptcy, such body
ruptcy.
corporate or company shall be deemed to have had such notice.


Goods, &c ., of 200. (201. ) Whenever the goods and chattels of a debtor are sold
a debtor to be
sold by under an execution, upon any judgment, recovered in any action brought
sheriff.
for the recovery of a debt, or money demand , or damages against any
debtor exceeding three hundred dollars, such goods and chattels shall in
all cases, unless the Court shall otherwise direct , be sold by the sheriff by
public auction , and not by bill of sale, or private contract, and such sale
shall be publicly advertised by the sheriff on and during three days next
preceding the sale : and no sheriff shall incur any liability by reason of
anything done by him under this Ordinance.

Court may 201. ( 202. ) If any bankrupt shall die after adjudication , the Court
proceed not
withstanding may proceed in the bankruptcy as if any such bankrupt were living .
death ofbank
rupt.